INTRODUCTORY
The City Council of the City
of Columbia, Missouri, met for a regular meeting at 7:00 p.m., on Tuesday,
January 21, 1997, in the Council Chamber of the City of Columbia, Missouri. The
roll was taken with the following results: Council Members HARLINE,
HINDMAN, COBLE, JANKU, CROCKETT, CAMPBELL, and KRUSE were present. The
City Manager, City Counselor, City Clerk, and various Department Heads were
also present.
APPROVAL OF MINUTES
The minutes of the regular
meeting of January 6, 1997, were approved unanimously by voice vote on a
motion made by Mr. Harline and a second by Mr. Campbell.
APPROVAL OF ADJUSTMENT OF AGENDA INCLUDING
CONSENT AGENDA
The agenda, including the
Consent Agenda, was approved unanimously by voice vote on a motion made by
Mr. Campbell and a second by Ms. Coble.
Mayor Hindman welcomed the
fifth grade class from Grant Elementary School and fifth grade teachers Linda
Afdahl, Wendy Delzel, and Jim Hogan.
SPECIAL ITEMS
1. Peter Berry,
RCC Consultants, Inc., Report on Telecommunications and DTI Franchise.
Peter Berry, Manager of the
telecommunications group for RCC Consultants, explained that they are a consulting
and engineering firm which is dedicated solely to the design and implementation
of various communications systems and networks. They have been in the
business since 1983 and have 140 employees in 17 offices. He noted
that the bulk of their work is done in the public sector with municipal government,
county government, and public safety. Mr. Berry explained the two phases
of the project. He suggested that the City complete and add to the
network currently utilized by the Water and Light Department. After
installing a three-ring loop of fiber optic cable, the City would be able
to progress to wiring all City buildings. He explained how, after City
departments were linked together, other agencies such as public schools and
the library could be included in the network. The first step he proposed
was for the Water and Light Department to complete the installation of its
network so that all of the substations have the same level of support and
monitoring. The next phase would be to expand the number of fiber optic
cable strands to incorporate any City facilities along the current line. There
are several City facilities that fall within very close proximity to the
route that the Water and Light network would follow. The next step
would be the extension of the fiber optic cable to cover additional sections
of the City to pass by and enter into additional City facilities, public
schools, and perhaps private businesses that also fall along those routes. At
the end of the process, all of the primary routes within the City which bypass
any major City facility, public school, hospital, large business, or college
would have access to this network. The last step would be the potential
leasing of spare fiber optic capacity to private enterprise and, in particular,
to telecommunications providers. Mr. Berry pointed out that municipal
utilities, and larger regional and statewide utilities, were getting into
the telecommunications business every day. The consultants were specifically
not recommending that the City get into direct competition with the telephone
company. It was their feeling that the City should take a pro-active
stance and try to exercise some level of control, which could possibly reap
the most benefits out of future developments within the telecommunications
industry in this city. Mr. Berry said the legislation intends to allow
the provision of local telecommunication services at the home level to a
wide variety of players. Almost any business, that meets certain fundamental
criteria, would be able to come to the City and provide telephone service
-- ultimately at the home level.
Mayor Hindman asked why the
City should be pro-active regarding this issue. Mr. Berry said there
was a risk in the City not being pro-active. Instead of there being
many companies all over town, there would only be one fiber optic cable plan
that would be robust enough and installed to an exacting industry standard. He
said if the City did not do it, other companies would.
Mr. Campbell asked if other
progressive cities were also installing rings of cable like those being discussed
tonight. Mr. Berry said they were doing exactly that. He said
it always starts exactly the same as being talked about here.
Mrs. Crockett asked if the
City decided not to put in the cable, whether another company could install
it and sell off the excess to other companies. Mr. Berry said that
could happen. Mrs. Crockett said that if the City were to install the
cable then we could collect the tax. Mr. Berry said at this time the
City could collect the tax. Mr. Berry explained that House Bill 176
would eliminate the franchise agreement structure, not only for a new company
that wants to come to town, but would also eliminate and nullify any existing
franchise agreements the City may have.
Mr. Berry explained the recommended
non-exclusive ten year agreement with DTI. Mr. Berry was suggesting
that the City seek certain telecommunication services from DTI because they
operate statewide. The City should want to avail itself of certain
services DTI has as a result of their statewide network. Water and
Light needs certain data communication connections outside the City to connect
with electrical co-ops in the area. He said the City has no means,
other than leased telephone lines, to communicate with the airport. He
said the City probably would not want to run fiber to the airport, but DTI
is, or intends to, and the City should seek that kind of service. It
could be done at no fee as part of the agreement. Mr. Berry said another
recommendation is that the City connect to statewide networks because they
could be of some assistance as well. It was recommended that the City seek
the seven percent gross receipts tax. Mr. Berry said the City spoke
with DTI and he understood intentions were not to pay the gross receipts
tax. They would attempt to negotiate to avoid a gross receipts tax. There
were things DTI would offer the City in its stead, but some items that could
be offered would already exist if the City installs its own fiber optic network.
Mr. Beck explained that the
staff planned to bring an implementation plan to the Council within the next
couple of meetings.
SCHEDULED PUBLIC COMMENTS
A. Ken Smith -
Smoking in Public Places
Ken Smith, 602 Jackson Street,
said the issue of public smoking was a relatively unresolved issue and felt
that it needed broader discussion. He wanted to discuss the inability
of non-smokers to enjoy social events. He reported that the EPA classified
involuntary smoke as a group A carcinogen, meaning it is a known cause of
cancer. He noted that progressive cities such as Boulder and Berkeley
have passed smoking ordinances banning smoking in all public places -- including
bars. Mr. Smith felt there was enough known information that some sort
of task force should be established consisting of business owners,
smokers, and non-smokers.
Mr. Campbell asked Mr. Smith
if he was aware that the City has a Board of Health which includes many different
experts in the health field, and that the City Council depends very heavily
upon their recommendations. Mr. Smith said he was aware of that. Mr.
Campbell asked if he spoke to the group. Mr. Smith said he had and
his understanding was that the Board had been charged with bringing forth
recommendations regarding complaints received regarding smoking. He
understood the recommendations they proposed stemmed from a public forum;
however, he understood no smokers were involved in the process. He
said when the recommendations came into play, smokers got involved. He
felt it was the process that had become flawed and there should be venues
in which smoking is permitted. He was not an ardent individual who
feels that smoking should be absolutely outlawed.
Mrs. Crockett said she had
been the person that brought up the amendment regarding pool halls and bowling
alleys. She stated the Council's intentions were not to put private
companies out of business. Mr. Smith acknowledged the issue of
business and the individual business rights was a very difficult issue. He
said he gave the issue some thought and spoke to some owners. He did
not think the Council should tell businesses what to do, but said there was
room for regulation of business. He was not advocating that something
be done all of the time. He asked about encouraging bowling alleys
to have a smoke free Sunday. Mrs. Crockett said that bowling alleys
were smoke free on Saturday mornings when the youth leagues are present. Mr.
Smith said that misses the issue of trying to address everybody's concern
about it being a health hazard.
Mr. Kruse asked if Mr. Smith
was suggesting that a dialogue on this issue continue in the form of some
sort of task force. Mr. Kruse reported this could occur under the auspices
of the Board of Health. Mr. Smith said it could, but that would not
bring people who have relatively divergent view points together. Mr.
Kruse said the Board of Health could facilitate that process. Mr. Kruse
asked Mr. Smith if he would be willing to chair a task force. Mr. Smith
said he would.
Mr. Smith asked about the
plan of action to continue on the issue. Mayor Hindman said the Council
did not have any specific plan at the moment.
PUBLIC HEARINGS
B10-97 Authorizing
the purchasing agent to bid planting materials and authorizing agreements
with
property owners for the Westridge landscaping project.
The bill was given second
reading by the Clerk.
Mr. Beck explained that the
Council asked staff to work with property owners and other interested organizations
regarding the Westridge stormwater project. He noted that the estimated
cost of the proposed fencing and landscaping project was $12,800. He
said the plan called for 120 feet of chain link fence with three access gates
and 256 assorted shrubs. The plan was to bid the project through the
Purchasing Agent because of the size of the project.
Mr. Campbell understood that
each property owner affected had been contacted and that the plan met all
or most of their concerns. Mr. Montgomery explained that the City Arborist
met with each of the affected property owners and five out of the eight wanted
additional plantings to assist in the screening of the channel. A key
part of the plan was additional fencing at each end to eliminate or reduce
the amount of pedestrian traffic. He said there would also be gates
at both ends.
Mrs. Crockett asked if the
additional plantings and gates were included in the $12,800. Mr. Montgomery
said they were included in the amount.
Mayor Hindman opened the
public hearing.
Cindy Jones, President of
the County House Branch Neighborhood Association, said that all of their
concerns had been very effectively addressed. She thanked Mr. Campbell,
Mr. Montgomery, Mr. Patterson, Mr. Busteed, and Mr. Fitzgerald. She
said these people not only listened to their concerns, but came to their
neighborhood and worked with them one on one.
Mayor Hindman closed the
public hearing.
B10-97 was given third reading
with the vote recorded as follows: VOTING YES: HARLINE, HINDMAN,
COBLE, JANKU, CROCKETT, CAMPBELL, KRUSE. VOTING NO: NO ONE. Bill
declared enacted, reading as follows:
B15-97 Authorizing
use of city forces to install lights on two soccer fields in Cosmo
Park.
The bill was given second
reading by the Clerk.
Mr. Beck said lighting of
these two fields was included in the Citywide ballot issue. He said
this would carry out what had been indicated earlier. If approved,
Mr. Beck said staff was hopeful the work could be completed this summer and
would be ready for the Show-Me State Games. The estimated cost was
$125,000, with $75,000 coming from the ballot issue and $48,000 coming from
the remainder in the parks and recreation improvement fund.
Mayor Hindman opened the
public hearing.
There being no comments,
Mayor Hindman closed the public hearing.
B15-97 was given third reading
with the vote recorded as follows: VOTING YES: HARLINE, HINDMAN,
COBLE, JANKU, CROCKETT, CAMPBELL, KRUSE. VOTING NO: NO ONE. Bill
declared enacted, reading as follows:
B18-97 Authorizing
differential payment for an 8-inch water main in Avalon, Plat 1, and
appropriating
funds.
The bill was given second
reading by the Clerk.
Mr. Beck noted that this
fairly small project would amount to less than $1,500 in City funds. The
City would be paying the differential in cost for a larger water main that
is required for development of the property.
Mayor Hindman opened the
public hearing.
There being no comments,
Mayor Hindman closed the public hearing. B18-97 was given third
reading with the vote recorded as follows: VOTING YES: HARLINE,
HINDMAN, COBLE, JANKU, CROCKETT, CAMPBELL, KRUSE. VOTING NO: NO
ONE. Bill declared enacted, reading as follows:
(A) Sidewalk
construction on State Route 763 from Bear Creek north 1,000 feet.
Item A was read by the Clerk.
Mr. Beck explained the Highway
Department recently widened this section of roadway. Included in this
project was grading behind the pavement whereon a sidewalk could be constructed
if paid for by the City. The Council previously asked that the City
look at the issue and set a public hearing. The estimated cost for
the sidewalk is $20,000. Mr. Beck said it would be paid for from Community
Development Block Grant money if the Council wished to proceed with the project.
Mayor Hindman opened the
public hearing.
Wally Bley, an attorney with
offices in the Cherry Street Centre, spoke on behalf of the owners with an
undeveloped tract of real estate in the area. Mr. Bley said his clients
could not determine from the drawing whether or not this sidewalk was going
to go across the tract owned by the Eiffert's or the tract owned by the Highway
Department. He said if the sidewalk was going to cross the tract owned
by Howard and Lucy Eiffert, they felt it would be a problem in that this
is an undeveloped tract and there is a City ordinance requiring that property
owners must keep sidewalks clear and free of snow. This would impose
potential liability on a property owner if the sidewalk is not cleared. Mr.
Bley asked how far east the sidewalk was to be constructed from the edge
of the highway.
Mr. Montgomery explained
that the sidewalk would be constructed approximately four to five feet from
the back of the newly constructed curb on 763, and the sidewalk would be
four feet in width. He said that would make the back of the sidewalk
anywhere from eight to nine feet from the existing curb. The sidewalk
would be on land in which the State secured the right-of-way for the purpose
of constructing the road. Mr. Bley said it would appear that the sidewalk
would be on Highway Department land. Mr. Beck said he was not sure
that would make a difference. Mr. Campbell said the owner would still
have to keep it clear. Mr. Bley explained that the tract of land had
been sold in fee simple to the Highway Department. He said it was not
an easement, but they actually own the piece of land. Mr. Montgomery
said the sidewalk would be on Highway Department land.
If the sidewalk was built
on Highway Department land, Mr. Campbell asked who would be responsible for
keeping it clear. Mr. Boeckmann said most of the sidewalks in the City
are on City right-of-way, but typically the owner of the adjacent property
actually owns the fee interest under the City right-of-way. Mayor Hindman
said he could not imagine the fee owner having any liability for what happens
on the right-of-way. Mr. Boeckmann said it was two separate issues,
whether or not there is tort liability if the sidewalk is not cleared. The
issue here was that there is a City ordinance that requires someone to keep
it cleared. He thought that was separate from the tort liability. Mr.
Campbell said there was a need for a sidewalk in this area and did not think
it was out in the middle of nowhere. Mr. Beck said he did not think
they knew for sure who was responsible for the maintenance of the sidewalk. He
said if the Highway Department was responsible for it, the City would have
to look at who was going to keep it cleared whenever it snowed.
Mr. Kruse said another factor
is that the sidewalk clearance ordinance was ignored Citywide. Mayor
Hindman said most everyone in town was faced with the same issue. This
would be just another piece of property with a sidewalk in front of it making
the owners virtually the same as all of the other owners in town. Mr.
Bley said that was true, except this was an undeveloped piece of real estate. He
said there are numerous areas within the City limits of Columbia where there
are no sidewalks and where there has not been any development. People
were not obliged to put a sidewalk in until asking for a building permit. Mr.
Janku said there were sidewalks across undeveloped properties. While
there may be some insurable liability, Mayor Hindman thought it would be
covered in an ordinary landowner liability policy. He said normally
the owner would have to pay for a sidewalk when they develop the property,
but in this instance they would not have to do so. Mr. Bley said he
understood the risk benefit analysis to putting a sidewalk in, but the issue
was that if there was the potential tort liability for a sidewalk that was
never asked for, the owners did not want it. He thought the sidewalk
would be on the Highway Department's land and, under these circumstances,
the City would be hard-pressed to force the owner to clean the sidewalk on
property they do not own.
Mr. Harline said the state
built a road there and the City was building a part of the transportation
program that goes with it. He thought, even in the worst case scenario,
the property owner was getting a good deal in getting a road and a sidewalk
as well.
Mayor Hindman said he was
going to raise the issue of sidewalk cleaning at the end of the meeting and
what the policy should be.
Mayor Hindman closed the
public hearing.
Mr. Janku noted the heavy
foot traffic in the area. He said that people put themselves at risking
walking there at night in the road. He thought the sidewalk was extremely
important for public safety. He expressed his appreciation to the Water
and Light staff. This department is working on the poles to facilitate
lighting in the area.
Mr. Janku made the motion
that the staff be directed to proceed with the construction of a sidewalk
along the east side of state route 763 as outlined. The motion was
seconded by Mr. Harline and approved unanimously by voice vote.
OLD BUSINESS
R185-96 Approving
the preliminary plat of Creek Pointe, Phase 1.
Mayor Hindman noted that
a request had been received to table R185-96 and the companion bill 389-96
to the second meeting in February.
Mr. Campbell made the motion
that R185-96 and B389-96 be tabled to the February 17, 1997 meeting. The
motion was seconded by Mr. Kruse and approved unanimously by voice vote.
B1-97 Granting
a variance for sidewalk construction on Lots 1, 2, 3, and 4 in Lamplight
Square,
Plat
2.
The bill was given second
reading by the Clerk.
Mr. Beck noted that the Planning
and Zoning Commission had recommended denial of the request for a variance.
Mrs. Crockett asked when
this street would be brought up to City standards. Mr. Beck said
he did not know, but it was possible for the staff to receive a petition
at anytime to build an unimproved street. Money had been set aside
for the match under the annual street program. He said it may be a
period of time, but they could not be sure. Mrs. Crockett asked if
this would be the only sidewalk in the area if the request were to be denied. Mr.
Beck said that was his understanding.
Mr. Harline asked if the
Council were to grant a variance at this time and the sidewalks were not
required, whether sidewalks would ever have to be put in. Mr. Beck
said he did not know that this Council could tell future Councils that a
sidewalk would not have to be put in. Mr. Boeckmann said when the Council
grants a variance he supposed they could attach conditions that it is of
limited duration, but if they did not, one could argue that was a property
right. Mr. Harline said they could grant a variance until such time
as the rest of the street was developed. Mr. Campbell said that would
be difficult because landscaping and other things occur which virtually preclude
ever adding the sidewalks in the future. It is much easier to construct
sidewalks at the beginning than it is somewhere in the middle or at the end. Mrs.
Crockett said if people are told this up front, it would make a difference. She
said the only sidewalk would be on a cul-de-sac and asked what purpose that
would serve.
Mr. Janku said this area
needs to be developed in a proper way. He said an argument could be
made for almost any new property going in throughout the area. They
could all say there is no infrastructure in place and they should not have
to be the first one to comply. He applauded the Planning and Zoning
Commission for their forthrightness in standing up for this. He said
they were helping the Council with policies. He said if the sidewalk
was put in as part of the original development, the cost could not be very
much.
B1-97 was given third reading
with the vote recorded as follows: VOTING YES: CROCKETT. VOTING
NO: HARLINE, HINDMAN, COBLE, JANKU, CAMPBELL, KRUSE. Bill defeated.
B5-97 Appropriating
funds for the Sexual Trauma/Assault Response Team.
The bill was given second
reading by the Clerk.
Mr. Beck noted that this
was a new program being developed by several groups working together. The
ordinance would provide for an appropriation of about $19,000. The
anticipated reimbursement from other agencies was estimated to be about $4,900. Monies
would be appropriated from the contingency fund.
Michael Szewczyk, Chairman
of the Board of Health, explained that this was a combined effort of the
area hospitals, the Women's' Shelter, the Board of Health, and the
Department of Health. Funding commitments from the United Way and the County
have also been made. The group was looking to the City for additional
funding. This program takes the victims of rape out of the emergency
department and places them in an environment where evidence can be collected
for successful prosecution, while also providing a much more compassionate
environment for the victim to be examined. The two hospitals that have
agreed to participate have both provided separate rooms away from the emergency
department where the victims will be examined. He said it was a program
that everybody would benefit from.
Ms. Coble said she understood
there had been some confusion at the state level about additional reimbursement
funds which would help support this work at the hospitals. She said
there was a special fund that seems to be somewhat elusive to track down
within the Department of Health that provides a reimbursement of up to $100
per examination. Mr. Sanford said that was his information, but he
still had no written confirmation of it. He said should that be true,
it would further offset these expenses. Ms. Coble said she knew that
we were required by federal law to have it in place, but also knew it had
been difficult. She suggested that some of the organizers talk to state
leaders to inquire about funds to further support the program. Mr.
Sanford said they were endeavoring to do that. He also pointed out
that a $5,000 grant from the Department of Public Safety had been received.
B5-97 was given third reading
with the vote recorded as follows: VOTING YES: HARLINE, HINDMAN,
COBLE, JANKU, CROCKETT, CAMPBELL, KRUSE. VOTING NO: NO ONE. Bill
declared enacted, reading as follows:
B8-97 Calling
for bids on the Forum Boulevard from Stadium to Chapel Hill Road improvement
project.
The bill was given second
reading by the Clerk.
Mr. Beck commented that this
was a very important community project, particularly in the south central
area. The project would widen Forum Boulevard to Chapel Hill Road,
and provide two left turn lanes off of Stadium Boulevard going southward
on Forum. The estimated cost is approximately $1.5 million and Mr.
Beck said they were anticipating obtaining some federal highway funds for
the eligible project cost. He said these funds would pay up to 75%
of the eligible costs. The State Highway Transportation Department
is paying $225,000 toward part of the improvement project on Stadium Boulevard
-- the two left turn lanes. The Council talked about having a pedestrian
crossing on Stadium Boulevard and Mr. Beck noted that it was not included
in this bid. He said staff worked on the issue and anticipated it would
be bid separately.
Mr. Kruse asked about the
opportunity for more landscaped medians in the design. He said he had
asked a few years ago about the utility lines draped across the road. He
also asked about undergrounding in two spots.
Relating to landscaping,
Mr. Montgomery said they included in the plans two islands at the intersection
of Stadium and Forum. There is one island there presently, but another
will be added. They will be constructed with earth beneath them rather
than concrete so they can be landscaped and water will be provided to them. Mr.
Montgomery stated that the landscaping was not being bid as part of the project. The
same holds true for the center median along the north end of Forum. There
is an existing median there and another will be placed in about the same
location. It will be about four feet wide. The median will provide
a three foot wide landscape strip with earth beneath it so it can be landscaped
by City crews or bid out after the project. Mr. Montgomery said there
was a major landscaping element of this project on the area immediately south
of the Dairy Queen, where the City has purchased a remnant from the Forum
Shopping Center. He said there would be some extensive landscaping
in the form of trees and shrubs. It will also have water available
to it. There will also be a screening fence immediately south of the
Dairy Queen, where Forum Boulevard and part of Mills Drive or High Ridge
Circle are very close together, to deflect the headlights from the residential
structures. The fence will provide better screening than trees since
the area is so narrow at this location. With respect to landscaping
south of Forum Katy Parkway toward the entrance to Katy Heights Apartments,
Mr. Montgomery said he was not sure, with the needed merge lane there, that
the left turn bay for the southbound traffic turning into the apartments
would leave room for a center median. South of the entrance to the
apartments on Chapel Hill Road, the road will be constructed with four lanes
in width until reaching Chapel Hill Road, at which point it will widen out
to a five lane section. He explained that there was major fill in that
area and to widen the road extensively would be extremely expensive. Essentially
the existing shoulders are used, plus a little more, to make four lanes in
that area. Regarding the utilities, Mr. Montgomery said he did not
have that information available. Mr. Kruse presumed some poles would
have to be moved. Mr. Montgomery said that was correct. He said
it had been discussed, but he was not sure if any major undergrounding would
occur. Mr. Kruse said all he was referring to was the elimination of
the draping of lines across the road in the two areas. Mr. Montgomery
assured Mr. Kruse that it had been discussed, but said he was not sure of
what the final utility plan was at this point, or if it has even been prepared. He
did report that the construction plans had been sent to the State Highway
Department immediately after Christmas for plans, specifications, and estimate
approval. He said that was usually a six to eight week process. Once
approval is given, the project can be bid. Any major changes at this
time would require a resubmittal to the Highway Department prior to bidding. Mayor
Hindman asked if that would also be true of undergrounding the utilities. Mr.
Montgomery said if it was a non-participating cost that would not be true.
Bill Monroe, 1644 Highridge
Circle, said there had been several meetings a few years ago about the planned
rerouting of Highridge. He asked what it was going to look like and
how it had been resolved. He was concerned about a second ATM going
into the area. Mr. Montgomery explained that the City has purchased
a remnant of land from the Forum Shopping Center which lies west of the existing
Forum Boulevard. Through that tract of land, they will extend the relocated
Highridge Drive which will connect onto Forum immediately west of the Break
Time driveway. There will be signals installed at that point. The
remainder of the land, both north and south of Highridge Drive, will be landscaped. Mr.
Monroe asked what would happen to the old section of Highridge that will
be cut off from Mills to Forum. Mr. Montgomery said it would no longer
be a traveled roadway or used. Mr. Monroe asked if it would be landscaped. Mr.
Montgomery said it was eligible for landscaping and plans include such, but
there had been discussion of leaving the pavement in place for a short term. He
said staff was looking at the potential of it as a walkway from the residential
area over to the sidewalk along Forum.
Mr. Janku understood there
would still be some land that could potentially be developed along Forum. His
point was that the City did not acquire the entire property. Mr. Montgomery
said that was correct, we bought the remnant from the shopping center, but
did not acquire the Kelly property which lies south of the shopping center
property.
Mayor Hindman asked if he
understood correctly that the two pedestrian crossings would be bid separately
from the project. Mr. Montgomery said that was correct. Mayor
Hindman asked when that would happen. Mr. Montgomery said most of the
work on the Stadium crossing had been completed, but they encountered some
problems with it in that there is a very small remnant of right-of-way that
separates the Stadium Boulevard right-of-way from the Westwinds right-of-way. He
said that was discovered long after right-of-way plans were approved by the
State. The State would not allow the City to include it as part of
this project unless it connected to something. For that reason, they
were putting in the wiring and that sort of thing now so that it could be
constructed at a later time. This could be done by either City crews
or by bid. By doing it this way, the City would not be involved with
the Federal Land Acquisition Procedures on this sliver of land.
Mr. Janku asked about the
expected completion date. Mr. Montgomery anticipated it should be completed
this fall and it would take an entire construction season to build. Potentially,
construction could continue into winter if they have a bad season. Construction
will be slowed somewhat because crews will be working under traffic.
B8-97 was given third reading
with the vote recorded as follows: VOTING YES: HARLINE, HINDMAN,
COBLE, JANKU, CROCKETT, CAMPBELL, KRUSE. VOTING NO: NO ONE. Bill
declared enacted, reading as follows:
B9-97 Authorizing
an agreement with the Highway and Transportation Commission in
connection
with the Route B improvement project, and appropriating funds.
The bill was given second
reading by the Clerk.
Prior to moving forward with
the widening of Route B, Mr. Beck explained that there needs to be some sewer
utility relocation work. He said this would be a joint project between
the City and the State. He noted that the City's amount would be about
$84,000 of the $247,000 project.
B9-97 was given third reading
with the vote recorded as follows: VOTING YES: HARLINE, HINDMAN,
COBLE, JANKU, CROCKETT, CAMPBELL, KRUSE. VOTING NO: NO ONE. Bill
declared enacted, reading as follows:
B11-97 Amending
Chapter 14 of the City Code regarding motor vehicles and traffic.
The bill was given second
reading by the Clerk.
Mr. Beck explained that this
amendment would make City ordinance provisions similar to what the current
Missouri Statutes provide for. He understood that it had been reviewed
by the Municipal Judge and there would not be much of a change to the existing
operation. Staff recommended approval.
B11-97 was given third reading
with the vote recorded as follows: VOTING YES: HARLINE, HINDMAN,
COBLE, JANKU, CROCKETT, CAMPBELL, KRUSE. VOTING NO: NO ONE. Bill
declared enacted, reading as follows:
B12-97 Amending
Chapter 15 of the City Code regarding court costs.
The bill was given second
reading by the Clerk.
Mr. Beck said this amendment
would also make City ordinances consistent with State Statutes. Mr.
Boeckmann said the Statutes set the amount of court costs which is the same
as is currently charged. He said that would remain in effect until
the Supreme Court changes it. This bill and the State Statute would
take effect July 1, 1997.
B12-97 was given third reading
with the vote recorded as follows: VOTING YES: HARLINE, HINDMAN,
COBLE, JANKU, CROCKETT, CAMPBELL, KRUSE. VOTING NO: NO ONE. Bill
declared enacted, reading as follows:
CONSENT AGENDA
The following bills were
given second reading and the resolutions were read by the Clerk.
B2-97 Vacating
a waterline easement in Loveall Subdivision.
B3-97 Approving
the final plat of Hanover Estates, Plat 2.
B4-97 Assessing
a special tax to abate a weed and trash nuisance.
B6-97 Authorizing
a right-of-use permit to allow Stephens College to install data conduit under
Walnut
Street.
B7-97 Authorizing
a right-of-use permit to allow the University to install chilled water pipes
under
Sixth
Street.
B16-97 Accepting
a conveyance for a padmounted transformer and authorizing payment for the
easement.
B17-97 Accepting
conveyance of utility improvements.
R8-97 Setting
a public hearing on voluntary annexation of National Benevolent Association
of the
Christian
Church property located east of Bearfield Road and south of Nifong Boulevard
(Tract
D).
R9-97 Setting
a public hearing on voluntary annexation of National Benevolent Association
of the
Christian
Church property located east of Bearfield Road and south of Nifong Boulevard
(Tracts
A & B).
The bills were given third reading and the resolutions read with the vote recorded as follows: VOTING YES: HARLINE, HINDMAN, COBLE, JANKU, CROCKETT, CAMPBELL, KRUSE. VOTING NO: NO ONE. Bills declared enacted and resolutions declared adopted, reading as follows:
NEW BUSINESS
R10-97 Authorizing
application to the Missouri Highway & Transportation Department for Surface
Transportation
Enhancement funds.
The resolution was read by
the Clerk.
Mr. Beck noted that the City
received funding in the past, some of which was used for landscaping work,
most of the monies received under this program had been used for bike trail
systems and open space. He said in the last few years the City received
grants to begin phasing in the Bear Creek Bike Trail Open Space project and
Hinkson Creek. The City has been working with the University to try
to get a continuous trail system across the south part of the City. This
year, staff was proposing to submit to the State a continuation of the Bear
Creek Trail program and the Hinkson Creek program. The third item included
the Wabash Station. The station is in need of some upgrade work. The
Public Works Department put together a plan to make improvements to the bus
transfer station and the upgrading of the building. Mr. Beck said part
of the cost for improvements would be paid from this particular project,
if approved, and part would be from transit improvement monies (federal funds).
Staff was suggesting that
the two highest priorities be a continuation of the greenbelt pedestrian
bike trail, Phase 3 in the Bear Creek area from Garth Avenue to Rangeline
Street. That project had an estimated cost of $113,000 with the local
match being $39,783. The Hinkson Creek greenbelt pedestrian bike trail
project, from Capon Park to the east side of the UMC Hinkson Creek Recreation
area, was estimated to cost $337,590 with the local match being $118,156. The
Wabash Station project, which would utilize enhancement funds, was estimated
to cost about $97,560. The local share would be about $24,390.
From a trail standpoint,
Mr. Beck explained that the local match money would come from those funds
shown in the ballot issue for this type of work. He said there was
a fund balance remaining. If approved by Council, Mr. Beck said the
staff's plan was to apply for the three projects, with the two trail projects
being top priority. Should they come out with extra money because of
an inability to fund a total project, we would have the third project in
front of them as a possible program for the City to start. He noted
a 35% match for each of the trail projects and 25% match for the Wabash Station
project was recommended. Mr. Beck explained that the minimum local
match had to be 20%. A higher match is available because in District
Five we know that we are competing with a lot of other projects throughout
the District. Mr. Beck believed the total funds available to be in
the area of $500,000. During a recent trip, Mr. Beck said the Mayor
had heard that they may be adding more money to this program.
Mayor Hindman felt that extending
the trail system and connecting the parks through trails should be the City's
highest priority with ISTEA funds. This should be the City's basic
policy. Regarding the western-most bridge in Phase two, the trail would
be crossing Hinkson Creek and then join with the University Trail at that
point. He suggested that staff speak to the University to inquire if
it was possible to share some of the matching money on the bridge that would
connect the two properties. He wanted to see it negotiated with the
University.
Mr. Janku asked if the University
had already received funding for the area to the west of our Phase two. Mayor
Hindman said they were submitting a separate application at this time. Mr.
Beck said the City had not, to date, received a copy of any application. He
said the next step would be for this to go before the Area Transportation
Coordinating Committee. He said the University would have to submit
their application fairly soon in order to get it through the Coordinating
Committee because they were meeting this week. Mayor Hindman understood
the University's application was in the works. Mr. Janku said the reason
he asked was because it was the connectivity that was really the strong part
about this project. He said when he looks at the map, it looks like
the trail is coming to a dead-end. Mayor Hindman suggested illustrating
their intentions on the map. It was supposed to complete a link-up
so that one would be able to start at Grindstone Park and go all the way
to the Student Recreation Center. He thought that it would be more
appealing to fund if it was shown to be completing that link. Mr. Beck
asked Mr. Hancock if he knew why it was not on the map. Mr. Hancock
said it was because the City had to submit a map of our project. He
said when they attend the meeting, it will be described to the committee
at that time.
Regarding the inquiry to
the University providing a part of the match, Mr. Kruse said another way
to do that would be to ask them to increase the match. He thought that
would increase the likelihood of receiving the funding. As long as
we were going to be checking with the University, that might as well be explored
as well.
The vote on R10-97 was recorded
as follows: VOTING YES: HARLINE, HINDMAN, COBLE, JANKU, CROCKETT,
CAMPBELL, KRUSE. VOTING NO: NO ONE. Resolution declared
adopted, reading as follows:
The following bills were introduced by the Mayor, unless otherwise indicated, and all were given first reading:
B20-97 Rezoning
from A-1 to C-P property south of Clark Lane, approximately 2,000 feet
east of
Highway
63.
B21-97 Rezoning
from R-3 to C-P property on the southeast corner of Old 63 and Gordon Street.
B22-97 Rezoning
from R-3 to C-1 property at 1210 Eugenia Street.
B23-97 Amending
Chapter 29 of the City Code to include the terms "mosque" and "synagogue"
wherever
the term "church" is used.
B24-97 Amending
Chapter 23 of the City Code regarding billboards.
B25-97 Establishing
Sanitary Sewer District No. 36 along Olive and Laoris Streets.
B26-97 Confirming
the contract for the Seventh Street improvement project, and appropriating
funds.
B27-97 Calling
for bids on construction of a parking lot at the northwest corner of Fourth
and
Cherry
Streets.
B28-97 Calling
for bids for storm drainage construction and improvements in the Jackson
Street
area.
B29-97 Accepting
conveyances for utility purposes.
B30-97 Appropriating
funds to conduct a tree inventory of selected areas of the City.
B31-97 Authorizing
an agreement with the State of Missouri to develop a park at the MKT trailhead
at
Fourth and Cherry Streets, and appropriating funds.
B32-97 Accepting
conveyances for underground electric and water utility purposes.
B33-97 Accepting
and authorizing a grant of easement for electric purposes from the University
of
Missouri.
B34-97 Amending
Chapter 27 of the City Code regarding utility accounts and billing.
B35-97 Amending
Chapter 11 of the City Code to regulate tattoo establishments.
REPORTS AND PETITIONS
(A) Funding for
Neighborhood Alliance Convention/Festival
Mr. Beck explained that last
year there had been a neighborhood convention in the community put together
by the Neighborhood Alliance. He said that $3,000 had been appropriated
in the budget for neighborhood activities and the group was requesting funding
for this activity.
Mr. Harline explained that
last Sunday the Columbia Boone County Neighborhood Alliance held a regular
meeting and the main topic of discussion involved having another neighborhood
convention to follow-up on the one from a few years ago. He said the
entire budget for this event would be about $1,800. He noted that $2,775
was still remaining in the budgeted amount for neighborhood activities. He
thought this is a great event and a wonderful building block for existing
neighborhood associations and those that might exist after the event. Mrs.
Crockett asked how many people they were planning to have attend. He
said the room would hold 150 comfortably and that would be an excellent turn
out. He guessed 50 to 100 might be there with 13 neighborhood associations
involved in the planning of the event. He said there were other groups
that had shown an interest in participating, like the Housing Authority. He
also thought it would provide an excellent opportunity for the City to report
on the Volunteer Coordinator, recycling program, and other issues such as
solid waste management. He said other resources within the community
would be invited such as the Community Partnership and the Conflict Resolution
Center at the Law School. He noted that it would be held on February
21, 1997, at Dulaney Hall. Mr. Harline said there would be a reception
starting at 5:00 p.m. and the program would begin at 7:00 p.m.
John Clark, a member of the
Alliance, thanked Mr. Harline for all of the work he had done. He also
thanked the Council for considering the request.
Mr. Campbell made the motion
that the request be granted and that the Neighborhood Alliance be authorized
to spend up to $1,800 for the event. The motion was seconded by Mr.
Janku and approved unanimously by voice vote.
(B) Farmer's
Market Nutrition Program
Mr. Beck said there had been
a request from the State for continuation of this program. The City's
cost would be $4,025 and it would provide vouchers for the participants to
use at the Farmer's Market. The report indicated that approximately
2,000 people took advantage of the program last year. He said this
would actually be budgeted next fiscal year.
Mr. Campbell asked how much
the State contributes toward this program. Mr. Sanford said he did
not know the answer, but understood it was more than the City's contribution. Mr.
Campbell said he felt this was one of the more successful programs the City
has had. He said it had been very well received and added that he had
heard many compliments from both recipients and the dealers at the Market.
Mr. Campbell made the motion
authorizing the City to participate in the program and that the amount of
$4,025 be budgeted out of next year's budget for participation in the program. The
motion was seconded by Ms. Coble and approved unanimously by voice vote.
(C) Intra Departmental
Transfer of Funds
Report accepted.
(D) Percentage for
the Arts
Mr. Beck explained that the
Council asked for this report from the Commission on Cultural Affairs. He
said the Commission had requested to make a presentation to the Council at
a pre-Council meeting. The Council asked that Mr. Beck make the necessary
arrangements to have the presentation the evening of February 3rd at the
pre-Council dinner.
BOARDS AND COMMISSIONS
Upon receiving the majority
vote of the Council, the following individuals were appointed to the following
Commission:
Upon his request, Mr. Campbell
made the motion that Mr. Janku be permitted to abstain from voting on the
appointments to the Community Services Advisory Commission. The motion
was seconded by Mrs. Crockett and approved unanimously by voice vote.
COMMUNITY SERVICES ADVISORY COMMISSION
Cain, Kathleen E., 603 Westwood, Ward 4 - term
to expire 12/31/99
Dannerbeck, Anne M., 22 N. Glenwood, Ward 1
- term to expire 12/31/99
Schmidt, Ronald R., 501 Longfellow, Ward 4 -
term to expire 12/31/99
Mertensmeyer, Carol A., 801 Bucks Run, Ward
6 - term to expire 12/31/97
Mayor Hindman noted that he would be making the Library Board appointment after obtaining some technical information. Mayor Hindman also noted that 26 individuals had applied for the Route AC Advisory Group. He volunteered to pick the recommendations. Mr. Kruse offered to work with the Mayor on the recommendations. Mr. Beck commented that the Missouri Department of Transportation approved the AC alignment recommended by the City Council.
COMMENTS OF COUNCIL, STAFF AND PUBLIC
Mr. Campbell said he received
a suggestion when appearing on KFRU that he wanted to follow-up on. The
suggestion was that the yellow bus route, which runs across the south side
of the City, be extended or changed so that it goes by the Job Placement
Service and the Ice Chalet, which is where the Greyhound buses come in. He
asked that the staff check into the feasibility of the request.
Mr. Harline noted that there
is a new apartment building being constructed at the corner of William and
Wilson. He said this building when completed and after meeting all
of the requirements, would have six parking spaces. He said while meeting
the parking requirements, it would be in effect removing more spaces than
it would be creating. He asked if there was anything that could be
done to address the situation where another property would actually be made
worse when putting in a new building. He asked for a report on the
matter.
In light of the recent severe
cold weather, Ms. Coble asked if there was anything in the animal protection
code where at a certain level people could be considered neglectful or abusive
to animals. Mr. Boeckmann said he did not think the ordinances addressed
the weather specifically, but said there were general provisions in the ordinances
on cruelty to animals that could cover situations if they are not taken care
of in cold weather. Ms. Coble asked if there was a way in which we
might investigate some creative uses of our own production of public service
announcements or some other information to deal with that. She said
it had been a concern to herself personally, and others that she had talked
to, that there did not seem to be any clarity or consistency of message about
what one needs to do to care for animals in extremely cold weather. Mr.
Kruse said he had heard a number of issues regarding this topic during the
recent cold snap. Ms. Coble said the next problem was that there seemed
to be no one who could enforce it. Mayor Hindman said perhaps it was
only enforced on a complaint basis. He suggested that the Board of
Health might look into the situation.
Mr. Janku commented that
he appreciated the Council support as they worked on 763 with the sidewalks
and street lighting. He said the last remaining item would be the potential
for landscaping. He said he did not expect undeveloped property owners
to put in any landscaping, but said there was the convenience store and other
developed facilities in the area. Mr. Janku made the motion that the
staff contact these people to see if an Adopt-a-Spot agreement could be worked
out. The motion was seconded by Mr. Harline and approved unanimously
by voice vote.
Mr. Janku said those people
living in north Columbia trying to get from the Business Loop heading north
often have difficulty when getting further east on the Business Loop. He
asked if the staff had ever contacted the State about trying to make some
sort of access turning north on Paris/Route B from the Business Loop. In
particular, he said there was the ramp that goes up between Jack's and Westlakes. He
wondered about the possibility of creating a left turn at that location. Mr.
Campbell said that was done many years ago, but now the traffic pattern had
changed drastically. He suspected there was a way of doing what Mr.
Janku was suggesting. Mr. Janku made the motion that the staff be directed
to report back on the possibility of a left turn at the light. The
motion was seconded by Mrs. Crockett and approved unanimously by voice vote.
Mayor Hindman said as the
City was expanding the sidewalk system, the idea of expecting people to go
out and clean their residential sidewalks was proving to be pretty much of
a myth. He thought it was reasonable to expect the downtown businesses
to clean their walks, but in neighborhoods there were elderly people and
other types of issues. He wondered what other approaches to the situation
could be made other than what we have in our ordinances. People are
expected to clean their sidewalks, but it is unenforced. He did not
know if it would be feasible to consider getting some equipment that could
clean off sidewalks, especially in the more heavily traveled areas. Mayor
Hindman said he would like to see the staff take a look at some policies.
Mr. Campbell agreed with
Mayor Hindman, but said he had received two phone calls after the recent
snow from people who had cleaned their sidewalks and the City promptly came
along and plowed them in again. He said this was something that would
have to be examined carefully. Mrs. Crockett said she thought we were
doing well to keep the streets cleaned. Mayor Hindman suggested that
they look into what other cities do and what other approaches were taken.
Mr. Janku said the City cleans
the sidewalks in front of parks and he thought the schools also cleaned walks
in front of their buildings. He said what he had noticed as a problem
were the houses that backed up to collector streets. He said those
people would have very little incentive and access to those sidewalks. He
suggested that if they were going to look into anything that it be the major
collector streets, not individual residential areas where people should still
have responsibility.
Mr. Campbell noted that Stewart
Road, between Garth and Providence, was very heavily used for pedestrian
traffic. He said for areas such as this, those sidewalks could be designated
and owners notified that they have a responsibility to keep them clean. He
said the property owners should know that they would be monitored and if
they did not keep them clean they would be cited for it.
Ms. Coble commented that
she has neighbors on Worley that live where people gather to wait for the
bus, but those property owners are in their nineties. She said there
was no way they could keep their walk clean.
Mr. Kruse said he thought
the emphasis should be on arterial and collector streets. He said there
could be a hierarchy of priorities if there is a school nearby or other such
things.
Mr. Harline said this needed
to be coordinated with the street cleaning policies because there would be
some sidewalks, for instance the area near Boone Hospital, where special
consideration should be given. He thought the general idea was something
worth looking into.
Mayor Hindman made the motion
that staff be asked to look at the City's present sidewalk cleaning policies
and make suggestions to the Council. The motion was seconded by Mr.
Kruse and approved unanimously by voice vote.
Henry Lane, 1816 E. Broadway,
spoke on B34-97 which was introduced this evening. The bill regarded
minimum charges on utility bills. Mr. Lane explained that current City
ordinances require that the utility customers pay a minimum monthly charge
for electric, water, and sewer services. He said the ordinances were
very clear that this is a minimum charge per month, but the City has interpreted
it as a minimum charge per bill. In this ordinance amendment, staff
was requesting that they be allowed to continue that practice. He said
that would not be a problem if the bill would cover a full month's period. He
said there are people that move and their first bill and/or their last bill
was not going to cover a full month. However, those people are still
charged the minimum monthly fee for these services. As a result, Mr.
Lane said they were paying more for basic utility service than they should
have to.
The meeting adjourned at
10:00 p.m.
Respectfully submitted,
Penny
St. Romaine
City
Clerk
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